Federal Judge Approves Latinojustice As Class Counsel In $200,000 Workplace Settlement
Bilingual Class Notices Go Out To 242 Food Factory Employees Regarding Terms To Receive Awards
FOR IMMEDIATE RELEASE: February 22, 2017
Contact: John Garcia, Director of Communications, 212-739-7513, 917-673-9095 or firstname.lastname@example.org
On January 31, 2018 Judge Vincent Briccetti of the United States Southern District Court preliminarily approved a proposed settlement agreement from Plaintiffs and Defendant Ideal Snacks Corp. based on terms agreed in their August 2017 Mediation. Class certification and class agents were also approved.
The class of former Ideal Snacks workers is comprised of 242 former Latino employees who were terminated in a mass layoff in May 2015 who will be sent a notice about the settlement in the mail. The English-Spanish class notice describes the terms of the settlement agreement and instructs the former employee on their choice to either: (1) Opt-in – by doing nothing, to be bound by the settlement terms, and, to await future cash award distribution later this year, or, (2) Opt-out and/or Object to the proposed settlement by submitting an objection letter by certified mail that must be received before April 9, 2018. A final Fair Hearing to approve the final settlement agreement is scheduled for May 17, 2018 at the SDNY-White Plains, Courtroom No. 620.
Class members whose addresses have changed since 2015 must submit their current addresses and contact information to Plaintiffs’ lawyers before March 23, 2018 by faxing name, address and phone information to (212) 431-4276 in order to receive the settlement notice.
“We organized a legal rapid response team who made several trips to Liberty, New York in Sullivan County to conduct as series of “know your rights” legal clinics for the fired workers in the Summer 2015. Many of these immigrant workers were long-term employees of the company and severely impacted by the layoff. Now, this settlement will provide them some economic relief and compensation,”said Jackson Chin, LatinoJustice Senior Counsel.
LatinoJustice on behalf of two former employees filed this federal lawsuit in Valencia v Ideal Snacks Corp; on January 30, 2017 charging the company had violated the federal WARN Act (Worker Adjustment and Retraining Notification Act of 1988) by firing the workers without providing sufficient advance notice. LatinoJustice is co-counsel on the case with Lankenau & Miller (New York) and The Gardner Firm (Alabama).